Sun City stucco meeting canceled

A meeting about allegedly defective stucco construction at Sun City Hilton Head has been canceled.

The meeting for plaintiffs and potential plaintiffs in a class-action lawsuit will be rescheduled, according to one of the lawyers representing Sun City homeowners.

The delay is because a hearing in the case is pending before a state Circuit Court judge, said the lawyer, who didn’t want to comment on pending litigation.

“The meeting was for them (the plaintiffs’ lawyers) to explain to homeowners where suit is in the legal process,” said Sun City resident Ray Koenig. “I’m kind of disappointed because I had planned to attend and find out what is going on.”

Koenig owns one of the 4,000 or so houses built between 2004 and 2007 that have experienced stucco problems. “A lot of the howmeowners are extremely frustrated,” he said.

The class action began in 2007 when Sun City residents Anthony and Barbara Grazia sued South Carolina State Plastering, alleging defective stucco construction. There are now about 140 lawsuits, with more expected to be filed, and the defendants also include Pulte Homes Inc., Del Webb Communities Inc. and Kephart Architects.

The various plaintiffs are represented by Charleston lawyers John T. Chakeris of the Chakeris Law Firm; Phillip W. Segui Jr. of Anderson & Segui LLC; and W. Jefferson Leath Jr. and Michael S. Seekings, both of Leath, Bouch & Seekings LLP.

Circuit Court Judge J. Michael Baxley granted preliminary class-action status in December, ruling that there are enough cases to merit consolidation to avoid repetitive litigation of the same issues.

South Carolina State Plastering — through attorney Everett Augustus Kendall II of the Sweeny, Wingate & Barrow law firm in Columbia — filed a motion opposing the class-action certification on Jan. 6.

The S.C. Supreme Court ruled in October that the plaintiffs could seek class-action status, reversing an earlier Circuit Court ruling and leading to Baxley’s certification order on Dec. 19.

“There have been an awful lot of twists and turns,” said Koenigh, who isn’t sure if he’s a plaintiff or not at this stage.

“At one time I had expressed an interest in being a part of the class-action suit, but when it was thrown out I didn’t retain the Chakeris Firm,” he said. “Now it’s back to a class action and the impression I have is that I would have to opt out or I’ll automatically be included.”

“The decision in question grants preliminary class-action status in lawsuits against South Carolina Plastering LLC. In an earlier ruling, the courts dismissed a similar motion against PulteGroup. We are in the process of reviewing the decision, but as it applies to South Carolina Plastering it would not be appropriate for us to comment at this time,” said spokeswoman Valerie Dolenga in a prepared statement.

The Sun City Hilton Head Community Association “has no role in the issue,” according to Martin Smith, public relations and communications director.

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